AN ORDINANCE RELATING TO OPERATION AND USE OF MOTORIZED ALTERNATIVE VEHICLES UPON CITY ROADWAYS AND SIDEWALKS
RECITALS:
- The City is authorized to declare and determine appropriate requirements to protect the public with regard to the operation and use of certain motorized vehicles within the City not otherwise licensed and approved by the State ofMissourifor operation upon State highways.
- The Board of Aldermen has determined that public safety in the City will be improved by regulating the use and operation of motorized scooters, skateboards, play vehicles, golf carts, wheel chairs and other motorized transportation devices upon City streets, alleys, sidewalks and roadways and, therefore, desires to establish such regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:
Section 1: Regulation of certain motorized transportation devices.
(1) Purpose and Intent. It is the purpose and intent of this section to provide for the regulation of motorized scooters, skateboards, play vehicles, golf carts, wheel chairs and other motorized transportation devices upon City streets, alleys, sidewalks and roadways that are not otherwise licensed and approved by the State of Missouri for operation upon State highways in order to protect the safety of all those who enter upon and use such right-of-ways.
(2) Definitions. In this section, unless the context otherwise requires:
- “Motorized alternative vehicle” is defined as
(i) any vehicle or mode of transportation propelled by a motor (gas or electric) and, if driven by a piston engine, having an engine with a cylinder capacity of less than fifty cubic centimeters; and
(ii) which produces less than three gross brake horsepower; and
(iii) is capable of propelling the vehicle at a maximum speed of not more than twenty-five (25) miles per hour on level ground; and
(iv) which is not otherwise licensed by the State ofMissourifor operation upon State highways.
- “Physically disabled” means any person who, because of physical disability either
- cannot walk without sufficient risk of falling;
- cannot walk 200 feet without stopping to rest;
- cannot walk without the aid of another person, walker, cane, crutches, braces, prosthetic devices, and/or wheelchair;
- is restricted by respiratory disease to an extent that the person’s forced (respiratory) expiratory volume for one second when measured by Spirometry is less than one liter;
- has an arterial oxygen tension of less than 60 mm/hg;
- uses portable oxygen;
- has a cardiac condition to the extent that the person’s functional limitations are verified by their personal physician as requiring assistance for transportation purposes;
- has lost an arm or a leg and does not have or cannot use an artificial limb; or
- has a disability that would be aggravated by walking 200 feet or more under normal environmental conditions as verified by their personal physician.
- Roadway” or “City roadway” means anyCity street, alley or roadway in the City designated for use by motor vehicles licensed by the State upon State highways. It shall not be deemed or construed to include State or Federal highways.
- “Sidewalk” means any sidewalk, walkway or path in the City designated for pedestrian use and not for use by motor vehicles licensed by the State for use upon State roadways.
(3) Operations.
- No motorized alternative vehicle may be operated upon any private property without permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of such.
- Motorized alternative vehicles operated upon City roadways by physically disabled persons shall be operated on the shoulder of the right-or-way or, in the absence of an improved shoulder, on the right-hand-most portion of the right-or-way, and in the same direction as traffic on the right-of-way lane or side then being traveled upon.
- Every physically disabled person operating a motorized alternative vehicle shall have all of the rights and duties applicable to pedestrians that are contained in the City Ordinances, except those provisions which by their nature have no application.
- Every non-physically disabled person operating a motorized alternative vehicle upon City roadways shall adhere to all rules of the road applicable to motorized vehicles forth in the City Ordinances and State law, except those provisions which by their nature have no application.
- No motorized alternative vehicle shall:
- be operated in a negligent manner (defined as operation in such a manner as to endanger any person or property, or to obstruct, hinder, or impede the lawful course of travel of any other motor vehicle or the lawful use by any pedestrian of public streets, sidewalks, paths, trails, walkways, or parks);
- be operated by a person under the influence of alcohol or any controlled substance not prescribed by a physician;
- be operated on any sidewalk, path or walkway designed for use by pedestrians or operators of non-motorized vehicles (e.g. bicycles) unless the operator is physically disabled;
- carry more passengers than the vehicle is specifically designed to carry;
- be operated upon a City roadway at any time from ½ hour before sunset to ½ hour before sunrise unless equipped with a lamp on the front which shall emit a white light visible from a distance of a least five hundred feet to the front, and on the rear a strip of red reflective tape, ASTM D4956 certified or equivalent, at least a two (2) inch by six (6) inch in size and either (A) a lamp emitting a solid red taillight visible from a distance of five hundred feed to the rear when directly in front of lawful low beams of head lamps on a motor vehicle or (B) a flashing light emitting diode taillight together with a red reflector visible a distance of six hundred feet to the rear when directly in front of lawful low beams of head lamps on a motor vehicle;
- be operated upon a City roadways at a speed of more than thirty (30) miles per hour and, in the case of physically disabled persons operating motorized alternative vehicles upon City sidewalks, at a speed of more than eight (8) miles per hour;
- be operated upon a City roadway unless the total height of the vehicle including its passenger(s) is at least thirty-six (36) inches above the ground; and
- be operated upon a City roadway unless equipped with a red or orange safety flag of at least forty (40) square inches that extends and is visible at least seventy-two (72) inches above the ground.
- shall cross any State or Federal highway, but may cross a State highway that intersects a City roadway if the posted speed limit on the State highway does not exceed forty-five (45) miles per hour at that intersection
- Any motor vehicle not defined hereunder as a motorized alternative vehicle may be operated upon City right-of-ways only if licensed and approved by the State ofMissourias a motor vehicle for operation upon State highways.
(4) Violation. Any person violating the provisions of this section shall be fined not more than $500.00 or jailed for a term of not more than ninety (90) days, or both fined and jailed.
Section 2: This Ordinance shall be effective from and after the date of its passage and approval.
Section 3: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
READ TWO TIMES AND PASSED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, THIS 14TH DAY OF APRIL 2009.
Approved this 14th day of April, 2009
______________________________________
RICHARD MILLER, MAYOR
Attest:
__________________________________
ROSE ENTRIKIN, CITY CLERK
Ayes: Billingsley, Dahman, Knowles
Nays: None
McDaniel was absent
